Changu (Asylum and immigration policy - National protection on humanitarian grounds - Judgment) French Text [2024] EUECJ C-352/23 (12 September 2024)

Changu (Asylum and immigration policy - National protection on humanitarian grounds - Judgment) French Text [2024] EUECJ C-352/23 (12 September 2024)

Directive 2011/95/EU does not preclude Member States from granting a right of stay for humanitarian reasons unconnected to international protection, provided such status is clearly distinct from refugee or subsidiary protection. Article 14(2) of Directive 2008/115/EC obliges Member States to issue written...

Source-derived case information.

Citation
[2024] EUECJ C-352/23
Parties
Applicant: LF; Respondent: Zamestnik-predsedatel na Darzhavna agentsia za bezhantsite; Intervener: European Commission
Jurisdiction
European Union
Procedural Posture
Preliminary Reference / Final Judgment
Outcome
Questions answered; no right of stay required for humanitarian reasons under EU law; written confirmation required when removal is not executed.
Legal Topics
Protection on Humanitarian Grounds, National Protection, Refugee Status, Subsidiary Protection, Irregular Stay, Return Procedures, Charter of Fundamental Rights, Material Reception Conditions
EU Law Asylum and Immigration Law Human Rights Protection on Humanitarian Grounds National Protection Refugee Status Subsidiary Protection Irregular Stay +3 more

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Parties

LF

Applicant

Zamestnik-predsedatel na Darzhavna agentsia za bezhantsite

Respondent

European Commission

Intervener

Procedural Posture

Preliminary Reference / Final Judgment

  1. 1 Whether EU law precludes national humanitarian protection unconnected to international protection under Directive 2011/95/EU
  2. 2 Whether Article 14(2) of Directive 2008/115/EC requires written confirmation of non-execution of return
  3. 3 Whether the Charter obliges Member States to grant a right of stay for humanitarian reasons to long-term irregular migrants

Ratio Decidendi

Directive 2011/95/EU does not preclude Member States from granting a right of stay for humanitarian reasons unconnected to international protection, provided such status is clearly distinct from refugee or subsidiary protection. Article 14(2) of Directive 2008/115/EC obliges Member States to issue written confirmation when removal is not executed. The Charter does not impose an obligation to grant a right of stay for humanitarian reasons to irregular migrants, regardless of the length of stay.

Court Disposition

Questions answered; no right of stay required for humanitarian reasons under EU law; written confirmation required when removal is not executed.

Orders

  • Directive 2011/95/EU does not preclude national humanitarian protection unconnected to international protection, if clearly distinguished.
  • Article 14(2) of Directive 2008/115/EC requires written confirmation of non-execution of return.